Stating that the objective behind compassionate appointments is to help the poor family of a deceased employee survive a financial crisis, the Punjab and Haryana High Court Wednesday said compassionate employment was not a regular mode of employment, adding that the presumption of it being a right to be “fallacious.” “It is imperative for the authority concerned to examine whether the family of the deceased employee is unable to meet the financial crisis resulting from the employee’s death in harness. A dependent would be eligible for compassionate appointment only if the family of the deceased is seen as indigent and deserves immediate financial assistance,” the High Court said while dismissing a plea of a police officer’s son seeking job on compassionate grounds.
Justice Tejinder Singh Dhindsa in the recently released order of the case, which was decided on September 21, has said the applicant has to be eligible and suitable also for a post under the provisions of the relevant recruitment rules of the job. The High Court bench has said the employment is a concession and not a right.
The petitioner in the case, one former Punjab SP’s son, had approached the High Court seeking employment in the police department as sub-inspector or assistant sub-inspector since his father had died in harness in 2011. Punjab police had earlier rejected his petition stating “he is over age and does not fulfill the conditions for grant of relaxation.” However, praying for his employment on compassionate basis, the 30-year-old had cited the cases of two other policemen who had been employed on compassionate grounds. “There is not even a whisper in the petition showing the family of the petitioner being in a state of financial crisis on account of the demise of the petitioner’s father,” said the HC.